Text as at 26 April 2026

This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.

3 Punishment for murder

(1)Notwithstanding any rule of law to the contrary, a person convicted of murder is liable to— as the court determines.

Note to s. 3(1) inserted by No. 65/2016 s. 20(1), repealed by No. 34/2017 s. 25(1).

(a)level 1 imprisonment (life); or

S. 3(1)(a) substituted by No. 49/1991 s. 119(1) (Sch. 2 item 1(b)), amended by No. 48/1997 s. 60(1)(Sch. 1 item 1).

(b)imprisonment for such other term as is fixed by the court—

S. 3(1)(b) amended by No. 49/1991 s. 119(1) (Sch. 2 item 1(c)).

* * * * *

(2)The standard sentence for murder is—

S. 3(2) inserted by No. 52/2014 s. 12, substituted by No. 69/2014 s. 11, repealed by No. 34/2017 s. 13(1), new s. 3(2) inserted by No. 34/2017 s. 25(2).

(a)30 years if the court, in determining sentence, is satisfied that the prosecution has proved beyond reasonable doubt that—

(i)the person murdered was a custodial officer on duty or an emergency worker on duty; and

(ii)at the time of carrying out the conduct the accused knew or was reckless as to whether that person was a custodial officer or an emergency worker; and

(b)in any other case, 25 years.

1See sections 5A and 5B of the Sentencing Act 1991 as to standard sentences.

2Murder is a category 1 offence under the Sentencing Act 1991. See section 5(2G) of that Act for the requirement to impose a custodial order for this offence.

(3)In subsection (2)(a) custodial officer on duty, custodial officer, emergency worker on duty and emergency worker have the same meanings as in section 10AA of the Sentencing Act 1991.

S. 3(3) inserted by No. 69/2014 s. 11, repealed by No. 34/2017 s. 13(1), new s. 3(3) inserted by No. 34/2017 s. 25(2).

* * * * *